SCHEDULES

SCHEDULE 3Amendments relating to Personal Medical Services and Personal Dental Services

Section 4(3)

Part 1Amendments of the National Health Service (Primary Care) Act 1997

1

The National Health Service (Primary Care) Act 1997 is amended as follows.

F12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

1

Section 21(1) (which inserts new sections 28C and 28D into the 1977 Act) is amended as provided in this paragraph.

2

In the new section 28C (personal medical or dental services)—

a

in subsection (1), before “Health Authority” there is inserted “ Strategic Health Authority or a ”,

b

in subsection (3), in each of paragraphs (a) and (b), after “by the” there is inserted “ Primary Care Trust or ”, and

c

in subsection (6), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or a ”.

3

In the new section 28D (persons with whom section 28C agreements may be made), in subsection (1), before “Health Authority” there is inserted “ Strategic Health Authority or a ”.

8

In section 22(1) (which inserts a new section 28E into the 1977 Act), in that new section 28E (which provides for regulations as to personal medical or dental services)—

a

in subsection (2)(a), after “than” there is inserted “ Strategic Health Authorities and ”,

b

in subsection (3)(k), after “authorise” there is inserted “ Strategic Health Authorities and ”,

c

in subsection (7)(a), after “circumstances)” there is inserted “ Primary Care Trusts and ”, and

d

in subsection (8)(a), before “Health Authority” (in both places) there is inserted “ Strategic Health Authority or ”.

9

In section 40 (interpretation), in subsection (2), at the end of the definition of “authority” there is inserted “ , except in Schedule 1 ”.

F210

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2Amendments of other Acts

11The 1977 Act

In section 15 of the 1977 Act (duty of Health Authority in relation to family health services), in subsection (1ZA), after “duty of” there is inserted “ each Strategic Health Authority and ”.

12The National Health Service (Scotland) Act 1978 (c. 29)

In the National Health Service (Scotland) Act 1978, in section 17C (personal medical or dental services)—

a

in subsection (5), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or by a ”, and

b

in subsection (6), for the definition of “Health Authority” there is substituted—

“Strategic Health Authority” and “Health Authority” have the same meaning as in the National Health Service Act 1977;

13The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”.

14The 1999 Act

In section 6(2) of the 1999 Act (which inserts a new section 28EE into the 1977 Act), in that new section 28EE—

a

subsection (1) is omitted, and

b

in subsection (2), for “Health Authorities”, in both places, there is substituted “ Strategic Health Authorities ”.

15The Health and Social Care Act 2001 (c. 15)

The Health and Social Care Act 2001 is amended as follows.

16

1

Section 26(1) (which inserts a new section 28DA into the 1977 Act) is amended as provided in this paragraph.

2

In the new section 28DA (lists of persons who may perform personal medical services or personal dental services)—

a

in subsection (1), after “publication” there is inserted “ by each Primary Care Trust and ”,

b

in subsection (3)—

i

in each of paragraphs (a), (b), (c), (e), (g) and (k), before “Health Authority” there is inserted “ Primary Care Trust or ”, and

ii

in paragraph (j), after “of” there is inserted “ Primary Care Trusts and ”,

c

in subsection (4), in each of paragraphs (a), (b) and (d), before “Health Authority” there is inserted “ Primary Care Trust or ”,

d

in subsection (8)—

i

before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”, and

ii

in paragraph (c), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”,

e

in subsection (9)—

i

before “Health Authority” there is inserted “ Primary Care Trust or ”, and

ii

for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”, and

f

in subsection (10), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.

17

In Schedule 1 (exempt information relating to health services), in paragraph 11, after “request to a” there is inserted “ Strategic Health Authority or ”.